The Supreme Court of India has instructed individuals unlawfully residing on over 30 hectares of railway and state land in Haldwani, Uttarakhand, to apply for housing under the Pradhan Mantri Awas Yojana (PMAY). This directive was issued during a hearing on Tuesday, where the court dismissed claims from the encroachers seeking in-situ rehabilitation, citing available land for expansion as a key factor.

Court Rejects Rehabilitation Plea

Advocate Prashant Bhushan, representing the squatters, noted that many families have been living on this land for decades and highlighted a previous proposal from the state government aimed at legalizing their homes. Bhushan emphasized that additional land exists nearby, which could facilitate the railway framework’s extension. In response, Chief Justice Surya Kant and Justice Joymalya Bagchi emphasized the public nature of the disputed land, stating that previous administrative inaction did not confer ownership rights to the encroachers.

Public Land Cannot Be Claimed

The justices articulated the position that the state retains authority over public land use and affirmed that humanitarian concerns alone do not establish a legal entitlement. They underlined that it is the government’s responsibility to determine land utilization, and the wishes of illegal occupants cannot dictate these decisions.

Scale of Encroachment Highlighted

The court noted that approximately 30 hectares of land, which belongs to Indian Railways and the state government, had been encroached upon, comprising around 4,365 homes that house roughly 50,000 residents. The justices expressed the need for practical solutions to address the humanitarian implications of this situation.

Relief Measures and Relocation Plan

During the proceedings, additional solicitor general Aishwarya Bhati responded to a prior directive from the court concerning the identification of land for relocating unauthorized residents. Bhati acknowledged the challenges of securing land within the hilly terrain of Uttarakhand but confirmed that qualified applicants for PMAY housing would receive allocations either within the state or in Uttar Pradesh.

The Supreme Court saw merit in the state’s and railways’ offer to provide INR 2,000 monthly to each family whose homes are demolished, intended to assist them in finding temporary rental accommodations for a duration of six months. The advocate mentioned that arrangements for the displaced residents could commence following March 19, making preparations for their relocation a priority. This development has opened avenues for addressing housing needs amid ongoing legal debates concerning land ownership and public resource management in the area.

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